If you were injured on the job, you likely expected your workers’ compensation claim to cover your medical bills and lost wages. Workers’ compensation is designed to provide benefits regardless of fault, which means you do not have to prove that your employer caused the injury. Still, claims can be denied, delayed, or disputed, leaving you unsure of your options. Understanding why claims are denied and when you may have the right to sue your employer is key to protecting your benefits.
What is Workers’ Compensation?
Workers’ compensation is a system that provides benefits to employees who are hurt on the job. It is often called a “no fault” system because it does not require the worker to prove the employer was negligent. In return for these benefits, employees generally cannot sue their employers for workplace injuries. This is known as the “exclusive remedy” rule. The system is designed to provide medical treatment, wage replacement, and rehabilitation without the need for a lawsuit.
Even though workers’ compensation limits the ability to sue, there are exceptions. If an employer fails to meet their legal obligations or engages in intentional or reckless conduct, employees may have grounds to take legal action.
What Are Workers’ Compensation Benefits?
Workers’ compensation benefits cover a range of expenses and support services related to workplace injuries. They typically include:
- Medical expenses such as doctor visits, physical therapy, prescription medications, and sometimes over-the-counter treatments.
- Vocational rehabilitation to help you return to work or train for a new job if you cannot perform your previous role.
- Disability benefits if the injury leaves you partially or totally disabled, either temporarily or permanently.
- Lost wages to replace income you cannot earn while recovering from your injury.
These benefits are tailored to each worker’s situation and the severity of the injury. Filing a claim promptly and accurately is necessary to ensure you receive the benefits you are entitled to.
Can Workers’ Compensation Claims Be Denied?
Yes, claims can be denied for a variety of reasons. Some denials are based on technical or procedural issues, while others relate to the worker’s actions or circumstances.
Technical Reasons Claims Are Denied
Employers or insurance companies may deny claims due to errors or missing steps in the claim process. Some common technical reasons include:
- Filing your claim late. Deadlines vary by state, and missing them can lead to denial.
- Failing to seek medical treatment promptly or not documenting your injury properly.
- The injury does not fall under workers’ compensation coverage. For example, injuries caused by acts outside your job duties may not be eligible.
- Accidents that happen outside the scope of employment, such as during personal errands or non-work activities, may not be covered.
Even small mistakes in your paperwork or reports can affect your claim. It is important to follow your state’s requirements and provide clear and accurate documentation of your injury.
Behavior-Based Reasons Claims Are Denied
Even if your paperwork is correct, employers may still deny claims based on your behavior or circumstances surrounding the injury. Examples include:
- Failing to report the injury promptly. Insurance companies often require that injuries be reported within a reasonable time frame.
- Pre-existing conditions that may have contributed to the injury. Employers may argue that the injury is not work-related or is a continuation of a prior condition.
- Substance use. Being under the influence of drugs or alcohol at the time of the accident can disqualify you from benefits.
- Refusing to provide a statement to the insurance company about the injury or accident.
These reasons can be contested if you have evidence that the injury is work-related and the denial was unfair. Keeping detailed records, witness statements, and medical documentation helps support your claim.
When Can You Sue an Employer for Denying Workers’ Comp?
Although most workers’ compensation claims are resolved through the system, there are situations where you may be able to sue your employer. Some common circumstances include:
- If the employer fails to carry workers’ compensation insurance as required by law.
- If the employer engages in intentional misconduct that causes injury, such as assault or battery.
- If the employer does not submit your claim to the insurance carrier within the required time frame.
- If a third party’s negligence caused your injury and the employer is liable.
- If the employer engages in reckless or inherently dangerous practices that lead to your injury.
These exceptions allow employees to pursue legal action beyond standard workers’ compensation claims. Even when the system seems unfair, a lawyer can examine the details of your case to determine if filing a lawsuit is an option.
Steps to Take if Your Claim Is Denied
Experiencing a denied claim can be stressful, but there are steps you can take to protect your rights:
- Document everything. Keep detailed records of the injury, medical treatment, communications with your employer, and witness statements.
- File claims promptly. Reporting injuries as soon as possible improves your chances of receiving benefits.
- Follow up with medical providers. Ensure that all reports and treatments are accurate and align with your accident report.
- Consult a workers’ compensation lawyer. A qualified attorney can review your case, challenge wrongful denials, and guide you through appeals or lawsuits.
Taking these steps early can make a significant difference in the outcome of your claim.
How a Workers’ Compensation Lawyer Can Help
A workers’ compensation lawyer can help you understand your legal rights and fight back if your claim is denied. Lawyers can:
- Identify whether your claim was wrongfully denied.
- Collect evidence to support your claim, including medical records, witness statements, and accident reports.
- Represent you in hearings or court if you must sue your employer or appeal a denial.
- Ensure your employer and insurance company follow state laws and deadlines.
Legal guidance can make a complicated system easier to handle and increase the likelihood of receiving the benefits you are entitled to.
Get Legal Help
Workers’ compensation exists to protect employees after workplace injuries, but claims can be denied for technical or behavioral reasons. Employees may still have the right to sue employers under certain conditions, including lack of insurance, intentional misconduct, reckless actions, or failure to submit claims. Reporting injuries promptly, keeping detailed records, and seeking legal help are important steps for protecting your rights.
If you are experiencing a denied workers’ compensation claim, do not wait. Contact our workers’ compensation law firm to review your case. You can pursue the benefits and protections you deserve and take action against wrongful denials. Call (323) 954-1800 to schedule a consultation and speak with an attorney about your options today.